Decree No 74 / 1979 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Cyprus
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Effective from 27.07.1978
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74
DECLARATION
Minister for Foreign Affairs
of 31 March 1979
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Cyprus
The Consular Convention between the Czechoslovak Socialist Republic and the Republic of Cyprus was signed in Prague on 12 May 1976.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Nicosia on 27 July 1978.
Pursuant to Article 42 (1) of the Convention, the Convention entered into force on 27 July 1978.
The Czech translation of the text of the Convention is announced simultaneously.
First Deputy:
Ing. Book v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Republic of Cyprus
President of the Czechoslovak Socialist Republic
and
the President of the Republic of Cyprus,
Desiring to adjust consular relations between the two States in order to facilitate the protection of the interests of the two States and the protection of the interests and rights of their citizens,
they have decided to conclude this Consular Convention and have appointed their agents for that purpose
President of the Czechoslovak Socialist Republic
Bohuslav Puppy,
Minister for Foreign Affairs,
President of the Republic of Cyprus
Ioannis Cl Christophides,
Minister for Foreign Affairs,
who have exchanged their powers of attorney and have found them in good and proper form and have agreed on the following provisions:
DEFINITIONS
For the purposes of this Convention, the following expressions have the following meanings:
(a) the "Consulate Office" shall be the Consulate General, the Consulate, the Vice-Consulate or the consular office;
(b) "Consular circuit" means a territory designated by the consular office for the performance of consular functions;
(c) "Head of the consular post" shall mean the person authorised by the sending State to carry out the duties associated with this function;
(d) "Consultant" shall mean the person, including the head of the consular post, responsible for carrying out consular functions;
(e) "consular staff" shall mean any person employed in the administrative, technical or domestic services of the consular office;
(f) "Members of the consular post" shall mean consular officials and consular staff;
(g) "Consular rooms" are buildings or parts of buildings and land belonging thereto, used exclusively for the purposes of the consular office, irrespective of who the owner is;
(h) "Consular archives" shall include all documents, documents, correspondence, books, films, records and registers of the consular office, together with the codes and codes, files and any equipment intended for their protection and storage;
(i) "ship of the sending State" means a vessel flying the flag of the sending State;
(j) "Family members" are the spouse, children and parents of a member of the consular post who is living with him in the common household.
ESTABLISHMENT OF CONSULAR OFFICERS AND OF CONSULAR OFFICERS AND CONSULAR STAFF
1. The Consultative Office may be established in the territory of the beneficiary State only with its consent.
2. The seat of the consular office and the consular district shall be determined in agreement between the sending State and the receiving State.
1. The sending State shall request prior diplomatic approval by the receiving State of the appointment of the Head of the consular post.
2. Upon receipt of such consent, the diplomatic mission of the sending State shall transmit to the Ministry of Foreign Affairs of the receiving State a patent or other document of appointment. The full name of the head of the consular post, his citizenship, his class, the seat of the consular office and the consular district shall be indicated in the patent or other document of appointment.
3. Upon transmission of the consultative patent or other document appointing the head of the consular post, the recipient State shall grant him, as soon as possible, an exequatur or other authorisation.
4. The Head of the consular post may take up his duties upon presentation of a consultative patent or other document of appointment and upon the granting of exequatur or other authorisation by the beneficiary State.
5. As soon as the exequatur or other authorisation granted under this Article has been granted, the competent authorities of the beneficiary State shall take all necessary measures to enable the Head of the consular post to take up his duties and to enjoy the rights, benefits, privileges and immunities conferred upon him by this Convention and the laws of the recipient State.
The receiving State may grant the Head of the consular post provisional authorisation to perform consular functions until it has been granted exequatur or other authorisation.
Only a citizen of the sending State may be a consulate official.
1. The sending State shall notify the receiving State in advance of the full name, citizenship, rank and class of each consular official appointed to the consular office.
2. The sending State shall also notify the receiving State in advance of the full name, citizenship and capacity of the consular staff appointed to the consular post.
1. The sending State may, in accordance with Articles 3, 5 and 6, entrust one or more of its diplomatic missions in the recipient State with the performance of consular functions. A member of a diplomatic mission in charge of consular functions will continue to enjoy the privileges and immunities of the diplomatic mission.
2. The sending State may, in its diplomatic mission, establish a consular department responsible for the performance of consular functions.
The receiving State shall issue to each consular officer a document certifying its right to carry out consular functions in the territory of the receiving State.
The beneficiary State shall provide protection to the consular officer and shall take all necessary measures to prevent any attack on his or her person, freedom and dignity, and shall also take all necessary measures to enable him or her to perform his or her duties without interruption and to enjoy the rights, benefits, privileges and immunities which he or she has under this Convention.
1. If the Head of the consular post cannot perform his duties for any reason or if the post of Head of consular post is temporarily vacant, the sending State may entrust a consular officer of that consular office or of another consular office of the sending State in the receiving State or a member of diplomatic staff to its diplomatic mission in that State to the temporary management of the consular post. The full name of this person shall be communicated in writing to the Ministry of Foreign Affairs of the beneficiary State.
2. The person authorised by the temporary management of the consular post shall have the right to exercise all functions of the consular post and to enjoy all rights, benefits, privileges and immunities as head of the consular post appointed in accordance with Article 3.
3. The member of diplomatic staff of the diplomatic mission, in charge of the temporary management of the consular post, shall continue to enjoy privileges and immunities arising from his diplomatic status.
1. The receiving State may at any time, without giving reasons for its decision, notify the sending State through diplomatic channels that the consular officer is undesirable.
The sending State shall in such a case withdraw the person concerned.
2. If the sending State fails to fulfil its obligation under paragraph 1 within a reasonable period of time, the receiving State may refuse to recognise that person as a member of the consular post.
1. The sending State may acquire ownership, hire or use, in accordance with the laws of the receiving State, in any other form provided for by that legislation, land, buildings or parts of buildings for the needs of the consular office or for the accommodation of members of the consular post who are citizens of the sending State.
2. The receiving State shall provide the sending State with all necessary assistance in obtaining land and buildings or parts of buildings for the purposes referred to in paragraph 1.
3. The sending State shall not be deprived of the obligation to comply with the construction and zoning legislation or other restrictions applicable to the area in which the land, buildings or parts of buildings are located.
PRINCIPLES AND IMMUNITY
1. On the building in which the consular office is located, and on the seat of the head of the consular office, the emblem of the sending State may be placed together with the designation of the consular office in the language of the sending and receiving States.
2. The flag of the sending State may be displayed on the building in which the consular office is located, as well as on the headquarters of the head of the consular office and its means of transport used for official purposes.
The consulate rooms are untouchable. The authorities of the beneficiary State, as well as the head of the consular post and the residence of consular officials and staff of the consular post who are not citizens of or resident in the beneficiary State, may not enter them without the permission of the Head of the consular post or the Head of the diplomatic mission or persons authorised by one of them.
The consulate archives are always and everywhere untouchable.
1. The consulate shall have the right to contact its government, diplomatic missions of the sending State and consular authorities of the sending State wherever they are located. The consulate may use all appropriate means of communication, including diplomatic or consular couriers, diplomatic and consular baggage, and coded or encrypted messages, for this purpose. The radio transmission station may be set up only with the consent of the receiving State.
2. When using public means of communication, the consular post will be subject to the same conditions as the diplomatic mission.
3. Official correspondence of the consular office and courier consignments and baggage shall be untouchable, provided that they bear a clear external designation of their official nature and cannot be opened or detained. They may contain only official correspondence and items intended for official use.
4. The consular courier shall be provided with an official document indicating its status and the number of consignments constituting consular baggage. The consular courier shall enjoy the same rights, benefits and immunities as the diplomatic courier of the sending State.
5. Consular baggage may also be entrusted to the ship's captain or to the civil aircraft of the sending State. The captain shall be provided with an official document indicating the number of consignments forming consular baggage entrusted to him but not being considered a consular courier. Upon consultation with the competent authorities of the beneficiary State, the consular office may authorise one of its members to take the baggage directly and freely from the ship's or aircraft's captain or from him.
1. Consulate officials and their family members who are neither citizens of nor resident in the recipient State shall not be subject to the criminal, civil or administrative jurisdiction of the recipient State.
2. Consular staff and their family members who are neither citizens of or resident in the recipient State shall not be subject to the criminal jurisdiction of the recipient State. The civil and administrative jurisdiction of the beneficiary State shall not be subject to the performance of their official functions.
3. The provisions of paragraphs 1 and 2 shall not apply to civil proceedings:
(a) resulting from contracts not concluded by the consular officer or staff member on behalf of the sending State;
(b) an inheritance where a consular official or consular staff member does not act as a sending State but as a private person;
(c) concerning liability for damage caused in the recipient State by means of means of transport;
(d) any private or commercial activity carried out by a consular officer or staff member in the recipient State in addition to his official duties.
4. The sending State may waive the immunity referred to in this Article. Such surrender must be explicit and communicated to the recipient State in writing.
5. The waiver of jurisdiction in civil or administrative matters shall not include the waiver of jurisdiction in respect of the execution of the judgment; this immunity must be waived separately.
1. Members of the consular post may be invited to testify in judicial or administrative proceedings. If the consular officer refuses to give evidence, enforcement measures against him may not be applied. The staff of the consular post may not refuse to give evidence except in the cases referred to in paragraph 3.
2. The relevant provisions of paragraph 1 concerning consular officials and consular staff shall also apply to members of their family.
3. Members of the consular post may refuse to give evidence as regards the performance of their official duties and may refuse to submit official documents and official correspondence. They may also refuse to give evidence as experts in the law of the sending State, its interpretation and its application.
4. The authorities of the beneficiary State which require testimony from consular officials or consular staff shall act in such a way as not to interfere with and interfere with the performance of consular posts. Where possible, they may accept or accept testimony at the consular office or at the residence of the consular officer or staff member in writing.
Members of the consular post and their family members who are not citizens of or resident in the recipient State shall be exempt from public services and obligations of all kinds in the recipient State.
The members of the consular post and their family members shall be exempt from all obligations laid down by the legislation of the recipient State as regards registration of aliens, residence permits and other provisions concerning the residence of foreigners.
1. The sending State shall be exempt from all taxes, levies and charges in the receiving State:
(a) from land, buildings and parts of buildings used for consular purposes or as dwellings of members of the consular post, provided that they are owned or hired on behalf of the sending State;
(b) contracts and instruments relating to the acquisition of immovable property referred to in paragraph 1 (a);
(c) the performance of consular functions, including the collection of consular fees.
2. The sending State shall also be exempt in the recipient State from all taxes, levies and charges on movable property owned or held by the sending State and intended solely for consular purposes.
3. The exemption provided for in this Article shall not apply to fees and charges for proven services.
The members of the consular post and their family members, if they are not members of or resident in the recipient State, shall be exempt from taxes and benefits on their official income in the recipient State.
1. Members of the consular office and their family members, if they are not citizens of or resident in the recipient State, shall be exempt from all national, regional and local taxes and charges, including taxes and charges on movable property owned by them.
2. The exemptions referred to in paragraph 1 shall not apply to:
(a) indirect taxes normally included in the price of goods or services;
(b) fees and taxes on private immovable property situated in the territory of the beneficiary State, unless it is exempted under Article 21;
(c) inheritance taxes and fees or taxes and charges on the transfer of property levied by the beneficiary State;
(d) taxes and charges on private income whose resources are in the beneficiary State;
(e) judicial, registration, mortgage, paper and stamp fees where exemption is not granted pursuant to Article 21;
(f) fees levied for services actually proven.
Moved property left in the territory of the recipient State by a member of the consular office or by a family member, unless it is a citizen of the recipient State or has a permanent residence in that State, shall be exempt from all inheritance taxes and charges or taxes and charges on the transfer of property, provided that such property is situated in the territory of the recipient State exclusively in connection with the residence of the deceased as a member of the consular office or of his family member living with him in the common household.
1. All items, including motor vehicles imported for the purpose of the consular post, shall be exempt, in accordance with the legislation of the receiving State, from all customs duties and charges levied on the basis of import or in connection with import as well as from items imported for the purpose of a diplomatic mission.
2. Consultant officials and members of their families, if they are not citizens of or resident in the recipient State, shall be exempt from all customs duties and charges levied on imports of all items intended for their personal use, including those intended for their initial establishment. The consular staff shall enjoy the exemption provided for in this paragraph only in respect of articles imported at the time of their first entry into the consular post.
3. Articles intended for personal use shall not exceed the quantity required for the direct use of the persons concerned.
4. Personal luggage of consular officials and their family members, provided that they are not citizens of or resident in the recipient State, shall be exempt from the customs inspection. They may be examined only where there are serious grounds for believing that they contain articles other than those referred to in paragraph 2 or that the export or import of which is prohibited by the legislation of the recipient State or subject to its quarantine legislation. Such inspection shall be carried out in the presence of such consular officer or his family member or his representative.
All persons enjoying benefits, privileges and immunities under this Convention shall, without prejudice to those advantages, privileges and immunities, comply with the laws of the recipient State, including transport and motor vehicle insurance rules.
Subject to the legislation of the beneficiary State on areas to which access is prohibited or modified for reasons of national security, the consular officer or consular staff as well as its family members may travel freely within the territory of the beneficiary State. The provisions of this Article shall not concern the conditions for issuing visas or other travel documents under the legislation of the beneficiary State.
CONSULAR FUNCTIONS
1. The consular officer shall be entitled to perform the functions referred to in this Part in accordance with the legislation of the beneficiary State. Other consular functions may be performed only if this is not contrary to the legislation of the recipient State.
2. The consular officer shall have the right to represent in the consular district, in accordance with the laws of the recipient State, the law and interests of the sending State and its nationals, both natural and legal persons.
3. In the performance of consular functions, the consular officer may contact the competent local authorities of the consular district directly and orally and, to the extent permitted by the law and practice of the recipient State, the competent central authorities of the recipient State.
4. The consular officer may, with the consent of the recipient State, perform consular functions outside the consular district.
The consulate shall contribute to the development of economic, commercial, cultural and scientific contacts between the two States as well as to the strengthening of their friendly contacts.
The consular officer shall be entitled to:
(a) register citizens of the sending State;
(b) receive applications and declarations in respect of citizenship of citizens of the sending State and issue relevant documents;
(c) in accordance with the legislation of the sending State, accept declarations of marriage provided that both persons are citizens of the sending State;
(d) to accept, in accordance with the legislation of the sending State, declarations concerning the family circumstances of the citizens of the sending State;
(e) register the birth and death of citizens of the sending State;
(f) to draw up, verify, confirm and legalise the documents and other acts necessary for their validity, at the request of a citizen of the sending State for their use outside the territory of the recipient State and at the request of any person, provided that the instrument or document is intended for use in the recipient State, provided that this is not contrary to the law of that State;
(g) to translate documents and documents and to verify the accuracy of the translation and to verify the documents.
2. Where the legislation of the beneficiary State so requires, the consular officer shall inform the competent authorities of that State of the implementation of the acts referred to in paragraph 1 (c) and (e).
Documents and documents, drawn up, translated or authenticated by a consular officer in accordance with Article 29, shall have the same legal effect in the recipient State as documents drawn up, translated or authenticated by the competent authorities of the beneficiary State, provided that they have been drawn up in a manner which does not conflict with the legislation of the recipient State.
1. The consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew, amend, revoke, withdraw and retain travel documents of the citizens of the sending State.
2. It shall be entitled to issue and cancel the relevant visas to persons wishing to travel to the sending State.
A consulate official may, in accordance with the legislation of the sending State, take over the care of a minor citizen of his State who lives in the territory of the recipient State if that State recognises such authority.
1. The competent authorities of the beneficiary State shall immediately inform the consular officer of the death of a citizen of the sending State in the territory of the recipient State.
2. The competent authorities of the beneficiary State shall also inform the consular officer if they become aware of the inheritance of the citizen of the sending State or if they become aware of the inheritance of a person deceased in that State, without account being taken of its citizenship, which may concern the citizen of the sending State.
3. The competent authorities of the beneficiary State shall, in the cases referred to in paragraph 2 and provided that the inheritance is situated in its territory, take the necessary measures in accordance with its laws and regulations to ensure that such inheritance is carried out and shall forward to the consular officer a copy of the will if it has been acquired, as well as any available information on the heirs, content and value of the inheritance, and shall inform him of the date of the opening of the proceedings.
4. The consular officer shall be entitled, in accordance with the law of the recipient State, to represent directly or through a representative the interests of the citizen of the sending State who is entitled to an inheritance situated in the recipient State and who is not domiciled in that State.
5. A consulate official shall be entitled to receive, for a citizen of a sending State who is not resident in the recipient State, money or other property belonging to that citizen by inheritance to any person, including payments for damages, pensions and social security and insurance income.
6. Moved assets and cash amounts resulting from the liquidation of the inheritance belonging to the citizen of the sending State may be transferred to the consular officer provided that the claims of the creditor of the deceased have been satisfied or secured and that taxes and charges relating to the inheritance have been paid.
7. A consulate official shall be entitled to cooperate with the competent authorities of the beneficiary State in securing the inheritance referred to in this Article.
1. The consular officer shall have the right, in accordance with the laws of the recipient State, to represent the citizens of the sending State in the consular area before the authorities of the receiving State, if, because of his absence or other serious reasons, he cannot exercise his rights and interests in good time. The representation shall continue as long as the representative does not appoint his agents or take over the defence of his rights and interests.
2. The consular officer shall have the right to establish and maintain contact with each citizen of the sending State, advise and provide all assistance and, if necessary, take measures to ensure legal assistance. The receiving State shall not in any way restrict the right of a citizen of the sending State to contact the consular office or consular office.
1. The competent authorities of the beneficiary State shall immediately inform the consular officer in all cases where the citizen of the sending State has been deprived of or restricted by any means whatsoever.
2. The consular officer shall have the right to visit and maintain contact with the citizen of the sending State who has been deprived of or whose personal freedom has been restricted as soon as possible. The competent authorities of the beneficiary State shall also transmit to the consular officer, without undue delay, any written communication from the citizen of the sending State who has been deprived of his freedom or whose personal freedom has been restricted in any way.
3. The consular officer shall be informed immediately, at his request, of the reasons for the removal or restriction of the personal freedom of a citizen of the sending State.
4. The consular officer's rights referred to in paragraphs 2 and 3 shall be granted in accordance with the legislation of the recipient State, provided that such legislation does not revoke those rights.
1. The consular officer shall be entitled to provide all assistance in the consular area to the ship of the sending State located in the ports, coastal or internal waters of the receiving State, as well as to its crew and passengers.
2. The consular officer may, in the performance of his duties, contact the competent authorities of the recipient State for assistance on matters relating to the ship of the sending State, its crew and passengers.
3. The consular officer may board the ship as soon as the ship is authorised to have free contact with the coast. The crew members may establish contact with the consular officer without delay.
4. The consular officer shall have the right to:
(a) without prejudice to the rights of the authorities of the receiving State to investigate all events on board the ship, to question the crew members, to check the ship's documents, to accept the declaration of the journey and the objectives of the ship, as well as to make it generally easier to enter, exit or stay in port;
(b) without prejudice to the rights of the authorities of the receiving State to resolve disputes between the captain and crew members, including disputes concerning wages and employment contracts, where this is in accordance with the legislation of the sending State;
(c) make provision for medical treatment or return to the sending State of a crew member or passenger;
(d) accept, issue or verify declarations or documents required by the legislation of the sending State in relation to the ship.
1. Where the competent authorities of the beneficiary State intend to take enforcement action on board a ship of the sending State or to carry out an investigation, it is necessary to inform the consular officer through the competent authorities of the receiving State. Except in the absence of urgency, the notification shall be made in such a way that the consular officer or his representative may be present. If the consular officer or his representative has not been present, the competent authorities of the beneficiary State shall provide him with complete information on the events.
2. Paragraph 1 shall also apply where crew members are to be heard by local authorities on land. The provisions of this Article shall not apply to normal customs, passport or health inspection, as well as to any other operation carried out at the request or with the consent of the ship's captain.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 74 / 1979 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Cyprus |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.07.1979 |
|---|---|
| Effective from | 27.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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